Tag: termination

Attendance Can Be an ‘Essential Function,’ Depending on Job

by Emily Hannah Bensinger The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an […]

When Must Individual Contractors Receive Reasonable Notice?

By Donna Gallant A recent appeal court decision demonstrates once again that defining work relationships is far from an exact science. Somewhere on the spectrum between employees and independent contractors, we have seen the emergence of “dependent contractors.” What hasn’t been entirely clear is how one determines “dependent contractor” status.  Nor what that status means […]

IT Exec’s FMLA Leave Not a ‘Fire’wall

Employers are often hesitant about taking adverse action against employees who are on Family and Medical Leave Act (FMLA) leave, even when there is good reason to do so. But employees aren’t entitled to any right, benefit, or position of employment that they wouldn’t have been entitled to if they hadn’t taken FMLA leave. A […]

What’s Reasonable Notice for Short Service Employees?

By Derek Knoechel and Lindsey Taylor One of the principle features of Canadian employment law that strikes many U.S. employers as unique is the concept of an employee’s common law right to reasonable notice of termination when an employee is fired without cause. Compliance with the minimum statutory requirements for notice, termination pay, and/or severance […]

Employee’s Blogging Justified Firing — But Dismissal Overturned Anyway

Social networking sites and blogs are growing phenomena that present challenges to employers. Internet blogging allows people to publicly express their opinions like never before. Sometimes the viewpoints expressed affect the employment relationship. Canadian case law on this topic is just starting. There are only a few decisions where injurious blogging concerning workplace-related matters warranted […]

How Employers Can Avoid Becoming an EEOC Statistic: Part 1

by Amy M. McLaughlin In its year-end statistics, the Equal Employment Opportunity Commission (EEOC) reported that 75,768 discrimination charges were filed against private-sector employers in 2006. That was the first increase in charge filings in four years. By 2008, the total number of charges filed with the EEOC had jumped 25% to 95,402. With workplace […]

Take Extra Care When Firing or Laying Off Disabled Employees

As a result of the recent economic crisis, many employers have been faced with the unpleasant task of laying off workers. But what happens when one of those employees is disabled? We recently received a question addressing that very issue. The situation involved a severely disabled part-time worker who was hired to stuff envelopes as […]

When Are Chiropractors ‘Health Care Providers’ Under the FMLA?

A little-known provision of the Family and Medical Leave Act (FMLA) makes treatment by a chiropractor different from treatment by almost any other health care provider. Let’s take a closer look at that provision. HR Guide to Employment Law: A practical compliance reference manual covering 14 topics, including FMLA What FMLA says about chiropractors The […]

Practical Job Descriptions Benefit Employees and Employers

Should our company use job descriptions? How long should they be, and what information should they contain? Do they really serve a useful purpose? Employers attorneys get those questions all the time, and the answer is always the same: Yes, employers should use lean, practical job descriptions that accurately reflect essential job duties because they […]

How Can Employers Avoid Legal Issues When Firing Employees?

by Gary Jiles Q: Everywhere you turn right now, you hear bad news about the economy. As a small-business owner, I’m afraid I’ll have to resort to letting go of several hourly employees. Like other employers, I’ve dealt with Equal Employment Opportunity Commission (EEOC) charges from employees, and I have many employees who belong to […]